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HomeMy WebLinkAboutAGRMT NO KRGSA 22-001(1)AGREEMENT NO. KRGSA 22-001(1) INDEPENDENT CONTRACTOR'S AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT No. KRGSA 22-001 is made and entered into on OCT 0 6 2022 , by and between the KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY, ("KRGSA" herein) and TODD GROUNDWATER, a small business enterprise, ("CONTRACTOR" herein). RECITALS WHEREAS, On April 7, 2022, the KRGSA and CONTRACTOR entered into Agreement No. KRGSA 22-001 in the amount of $100,100.00 for assistance with SGMA compliance and GSP monitoring and reporting activities through calendar year 2022, including but not limited to responding to the DWR Determination Letter; and WHEREAS, KRGSA is requesting additional work that requires Agreement No. KRGSA 22-001 to be amended; and WHEREAS, KRGSA and CONTRACTOR now desire to amend Agreement No. KRGSA 22-001 to broaden the scope of work, increase the compensation by $92,200.00, and extend such activities through calendar year 2023 as shown in Exhibit A (attached to Agreement No. KRGSA 22-01) and Exhibit B, attached hereto and incorporated by reference herein, for a new total amount that shall not exceed $192,300.00. NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and CONTRACTOR mutually agree to amend Agreement as follows: 1. Section 1 of Agreement No. KRGSA 22-001, entitled "SCOPE OF WORK" is hereby amended to read as follows: 1. SCOPE OF WORK. The scope of work is described as: assisting the KRGSA in developing and implementing a strategic approach to comply with SGMA as further described in Exhibits A and B. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. INDEPENDENT CONTRACTOR'S AGREEMENT September 28, 2022 -- Page 1 of 3 Pages -- 2. Section 2 of Agreement No. KRGSA 22-001, entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed One Hundred Ninety -Two Thousand Three Hundred Dollars ($192,300.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. KRGSA shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. Except as amended herein, all other provisions of Agreement No. KRGSA 22-001 as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. KRGSA 22-001 to be executed the day and year first above written. KRGSA KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY By: �_�z RODNEY PALLA Chairman CITY OF BAKERELD WATER RESO ES DEPARTMENT M GAR$AALLEN Acting Water Resources Manager CONTRACTOR TODD GROUNDWATER 2 PHYLLIS STANIN Vice President KERN DELTA WATER DISTRICT By: STEV LIA General Manager [ADDITIONAL SIGNATURES ON NEXT PAGE] INDEPENDENT CONTRACTOR'S AGREEMENT September 28, 2022 -- Page 2 of 3 Pages -- DocuSign Envelope ID: 976DA9C0-484E-48DA-AB14-7286EEF9BEA1 2. Section 2 of Agreement No. KRGSA 22-001, entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed One Hundred Ninety -Two Thousand Three Hundred Dollars ($192,300.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. KRGSA shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. Except as amended herein, all other provisions of Agreement No. KRGSA 22-001 as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. KRGSA 22-001 to be executed the day and year first above written. KRGSA KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY LIN RODNEY PALLA Chairman CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 0 GARY HALLEN Acting Water Resources Manager CONTRACTOR TODD GROUNDWATER DocuSigned by: j��C,c?(,(.is Sfa�n itn, By: R514911=81=471". PHYLLIS STANIN Vice President KERN DELTA WATER DISTRICT STEVEN L. TEGLIA General Manager [ADDITIONAL SIGNATURES ON NEXT PAGE] INDEPENDENT CONTRACTOR'S AGREEMENT September 28, 2022 -- Page 2 of 3 Pages -- 1AGENCY, 11 OvRiGINAL . APPROVED A� O FORM: VIRGINIA G NARO City Attor VBy: VLiGINIA - ENNARO City Attorney COUNTERSIG By: RAN§4 MC AN Finance Director VGK/vlg Attachments: Exhibit B- Scope of Work APPROVED AS TO FORM: By: RICHARD IGER General Counsel KERN COUNTY WATER AGENC By: DAVID BEARD General Manager APPROVED AS TO FORM: By. cT. AMELIA T. MINAS RR GARAI General Counsel S:\WATER\KRGSA\Agrs\22-23\TODD Groundwater.KRGSA.GSP.2022.Amend l .docx INDEPENDENT CONTRACTOR'S AGREEMENT September 28, 2022 -- Page 3 of 3 Pages -- Exhibit B GROUNDWATER September 27, 2022 REVISED DRAFT PROPOSAL To: Kern River Groundwater Sustainability Agency (KRGSA) Managers Art Chianello, Water Resources Manager, City of Bakersfield Steve Teglia, General Manager, Kern Delta Water District David Beard, General Manager, Improvement District 4 From: Phyllis Stanin, Vice President/Principal Geologist Re: Proposal for GSP Consulting Services for Calendar Year 2023 Technical Support for GSP Implementation Since the successful submittal of its amended Groundwater Sustainability Plan (GSP) in July 2022, the Kern River Groundwater Sustainability Agency (KRGSA) has continued with GSP implementation in compliance with the Sustainable Groundwater Management Act (SGMA). Currently, the KRGSA is planning for upcoming activities in 2023, including the Fourth (4th) GSP Annual Report covering Water Year (WY) 2022'. The KRGSA has requested this proposal from Todd Groundwater to provide technical support for its portion of the Subbasin-wide Annual Report, along with other GSP-related activities in 2023. In a separate but related proposal, the Kern County Subbasin GSAs (including KRGSA) have asked Todd Groundwater for a proposal to prepare the 4th GSP Annual Report for the entire Subbasin, including an update of the Subbasin-wide C2VSim-Kern model. As in previous years, GSAs will provide local water budget data to Todd Groundwater for incorporation into the model. The proposal for the Subbasin-wide Annual Report and model update is in development and will be provided to Subbasin GSAs in the coming weeks for review. The proposal included herein includes tasks to coordinate with the Subbasin-wide Annual Report by developing KRGSA-specific information, data, and analyses. This arrangement is consistent with the workflow for the three previous annual reports in the Subbasin. The KRGSA tasks will support both the model update and annual reporting requirements in the Amended KRGSA GSP involving a "checkbook" water budget, land subsidence, and water quality. For 2023, Todd Groundwater will also conduct analyses associated with a new Management Action for tracking domestic wells as described in the Amended KRGSA GSP. These tasks, along with additional tasks for other GSP-related activities for 2023, are described in this proposal. 1 WY 2022 extends from October 1, 2021 through September 30, 2022. 2490 Mariner Square Loop, Suite 215 1 Alameda, CA 94501 1 510 747 6920 1 toddgroundwater.com 1 Yi'ENICIN 0,?!-.C;INAL C PREVIOUS SCOPE OF WORK AND APPROACH FOR 2023 Todd Groundwater has been assisting the KRGSA with a variety of tasks in 2022, most of which were associated with two primary items: Support for the Third (3`d) GSP Annual Report covering WY 2021, including data compilation for the regional model update and KRGSA-specific analyses. The 3rd GSP Annual Report was submitted to DWR by the April 1, 2022 deadline. Development of an Amended KRGSA GSP in response to a DWR Determination Letter that evaluated all GSPs in the Kern County Subbasin. In that letter, DWR found that the Kern County Subbasin GSPs were collectively "incomplete" and provided deficiencies and recommended corrective actions. All Subbasin GSAs, including the KRGSA, coordinated on amended GSPs. The Amended KRGSA GSP was submitted to DWR in accordance with the July 27, 2022 deadline. The scope and budget for these two 2022 work items have now been completed. The only remaining task for 2022 involves technical support for Fall 2022 monitoring, as needed. DWR is currently evaluating the Amended KRGSA GSP — along with the other five amended GSPs in the Subbasin —for a final collective determination on SGMA compliance. The schedule for this final determination is unknown, but it is our understanding that DWR may complete their findings by December 2022. That determination may trigger the need for an additional response or technical support activities in 2023. However, because of the uncertainty with this process, it is not feasible to develop a reasonable scope and budget for that work at this time. If additional activities are needed, a supplemental scope and budget can be prepared for a contract amendment once the final determination is available. For 2023, technical support is focused on the 4th GSP Annual Report — including both data support for the Subbasin-wide report and local analyses of KRGSA-specific data. Additional activities are associated with technical support of the GSP monitoring and reporting program, Subbasin coordination, meetings, and other "as needed" tasks as described below. SCOPE OF SERVICES For 2023, GSP-related activities requiring technical support have been organized into the five following tasks: Technical support for the 4th GSP Annual Report, including compilation of data needed for the model update and development of data templates to facilitate future upload and storage of data in the online Data Management System (DMS). Annual KRGSA data analyses as required in the Amended KRGSA GSP including a "checkbook" water budget, tracking of active domestic wells, documentation of dry domestic wells, analysis of groundwater quality, and evaluation of land subsidence. • Additional tasks involve coordination with the other GSAs on Subbasin-wide projects such as the Basin Study and Subbasin investigations on land subsidence. KRGSA PROPOSAL GSP Technical Support 2023 TODD GROUNDWATER • Support for the ongoing Monitoring and Reporting Program, including evaluations of MT exceedances and potential mitigation actions. • Additional "as needed" hydrogeological consultation by the KRGSA. Explanation and assumptions associated with these tasks are described below, followed by a proposed budget and schedule. Task 1. Support the Fourth GSP Annual Report for the Kern County Subbasin Since 2020, Todd Groundwater has been assisting the KRGSA and other Kern County Subbasin GSAs with GSP annual reports. To support the upcoming 4th Annual Report, we are including two separate tasks in this KRGSA proposal. Task 1 involves the data requests and compilation needed from KRGSA for the model update, which, in turn, supports the required analyses for the Subbasin-wide annual report. Task involves analyses of KRGSA- specific data as required by the Amended KRGSA GSP, which will also be summarized in the Subbasin Annual Report (Task 2 is described in the following section). Requested data sets will be similar to those requested in previous years and support both Tasks 1 and 2. Examples of data sets include metered pumping, banking recharge and recovery (and location of banked water deliveries), wastewater discharge, surface water deliveries (local and imported), canal recharge (losses), surface water reuse (e.g., for irrigation), and a reconciliation of ownership of each surface water delivery. Monthly data will be requested for WY 2022 (October 2021 through September 2022). For this 4th Annual Report, Todd Groundwater is also developing data templates to facilitate future upload and storage of KRGSA data in the online DMS. These templates will allow each agency to upload its own data and information at the end of each WY to support the model update and future Subbasin annual reports. Templates have already been developed for other GSAs/member agencies. The KRGSA templates will contain more complexity, given the number of agencies, diversity of data sources, and specifics associated with ownership of Kern River water. Todd Groundwater will coordinate directly with KRGSA agencies to develop templates for the types of data, required formats, and intended use. This task also includes a summary of KRGSA activities conducted in WY 2022 that support the Amended KRGSA GSP. These activities include a summary of the monitoring events, compliance with sustainable management criteria, mitigation measures for declining water levels (if any), and support of GSP projects and management actions. Todd Groundwater will collect information from KRGSA agencies and incorporate information into a narrative for KRGSA review and approval for the Subbasin Annual Report. As in previous years, Todd Groundwater will present the results of the Subbasin-wide 4th GSP Annual Report to the KRGSA Board of Directors including Subbasin-wide water use tables and modeling results. KRGSA PROPOSAL GSP Technical Support 2023 TODD GROUNDWATER Task 2. Analyze KRGSA Data in Compliance with the Amended KRGSA GSP In its Amended KRGSA GSP, the KRGSA has committed to annual analyses of specific data sets to supplement water level monitoring and improve overall groundwater management. This task includes the costs for developing these annual analyses and providing a status report of this work to the KRGSA Managers and the KRGSA Board of Directors. Results of the analyses will be summarized in a GSP Progress Report to be included in the Subbasin Annual (described in Task 1). These analyses include: • GSP groundwater elevation hydrograph analyses and tracking of minimum threshold (MT) exceedances • Summary of annual groundwater quality data for constituents of concern • Annual changes in land subsidence based on InSAR and SOPAC' monitoring networks published by DWR • KRGSA "checkbook" water budget analysis. In addition to these analyses, the Amended KRGSA GSP requires tracking of potential impacts to active domestic wells, predicting areas of future impacts from water level declines, and adjusting management actions to avoid widespread impacts, as needed. A summary of the analyses completed for WY 2022 as listed above will be incorporated into the GSP Implementation Progress Report for the Subbasin-wide Annual Report (Task 1). Task 3. Coordinate KRGSA Hydrogeology with the Basin Study Data from recent Airborne Electromagnetic (AEM) Surveys have recently been developed by DWR for use in the GSP process. The surveys provide subsurface resistivity data along flight lines, including several such profiles across the KRGSA. Those data are intended to supplement hydrogeological data that were used in the GSPs to develop the hydrogeological conceptual model. On a separate project, Todd Groundwater is assisting the Subbasin GSAs with a Basin Study, which includes a grant -funded revision to the hydrogeological conceptual model represented in the Subbasin-wide integrated water resources model (C2VSim-Kern). That study is incorporating the AEM surveys into their model revisions. To incorporate these data into the Basin Study, Todd Groundwater modelers are meeting with each GSA individually to consider GSA -specific data and how AEM data best fit with the current GSP hydrogeological conceptual model. Because Todd Groundwater also developed the Amended KRGSA GSP, we are well -suited to conduct a more focused evaluation of AEM data for a better understanding of subsurface conditions that affect groundwater in the KRGSA. 2 SOPAC refers to the Scripps Orbit and Permanent Array Center, who conducts ground surface elevation monitoring in the KRGSA. KRGSA PROPOSAL GSP Technical Support 2023 4 TODD GROUNDWATER J ;="-'! ;l LL �7Vi p f r4;1-aq dj $ 'itw'3tat!6�:L a Accordingly, Todd Groundwater has added this additional task to modify the current conceptual model with the AEM data to better inform the numerical model revisions. Task 4. Provide Technical Support for the GSP Monitoring and Reporting Program GSP monitoring activities are being handled by agency staff; assistance by Todd Groundwater will only likely be needed in the event of network modifications or additional MT exceedances. In addition, some monitoring procedures may require adjustments in compliance with the Subbasin-coordinated changes to monitoring protocols in the Amended KRGSA GSP. Some changes may also be necessary to the monitoring network overtime, requiring additional technical assistance. For example, one representative monitoring well (RMW) was recently removed from the network due to a casing obstruction. Another well could not be accessed due to downhole equipment and may need to be replaced. In addition, several monitoring wells associated with the City's wastewater treatment plant (WWTP) ponds may be de -commissioned, providing an opportunity to add one or more of those dedicated monitoring wells to the network. Todd Groundwater will assist with technical justification for new or replacement RMWs in the network and develop sustainable management criteria for those wells. We will also assist with incorporation of templates and data needed for RMW network revisions by DWR. In addition, the current network relies on some active production wells, which can adversely impact access for monitoring and affect static water level readings. The KRGSA would like to replace some of those active wells with dedicated monitoring wells over time. Todd Groundwater would be pleased to assist with the prioritization and recommendations for those future improvements. Agency staff will continue to upload routine semi-annual (or monthly as needed) monitoring data to the DMS for transfer to the DWR online Monitoring Network Module (MNM) on the SGIVIA portal. For calendar year 2023, Spring and Fall monitoring results are required to be uploaded to the MNM by June 1, 2023 and January 1, 2024, respectively. Task S. Provide Technical Consultation on an As Needed Basis From time to time, the KRGSA identifies a new issue that requires technical support for unanticipated analyses. In the past, the KRGSA has handled these issues through an "as needed" task. Examples of previous unanticipated issues include an aquifer exemption application in the KRGSA, an Executive Order from the Governor on well permits, and an environmental impact report (EIR) for a new banking project proposed in the KRGSA. Todd Groundwater is including this task to cover these on -call consultation services. This task also includes attendance at monthly KRGSA Manager meetings to provide input on any pressing matters involving GSP-related groundwater management. Attendance at KRGSA Board meetings and Subbasin-wide coordination meetings could also be covered KRGSA PROPOSAL GSP Technical Support 2023 5 TODD GROUNDWATER under this budget if not already covered under a previous task (e.g., the Annual Report or Basin Study). In addition, Todd Groundwater could also attend Subbasin coordination meetings on technical issues such as subsidence, subject to KRGSA approval and if funds allow. Although the level of effort required to support this task is unknown, approximately six hours per month is estimated as a placeholder for this task based on previous work. Assuming 2022 hourly rates for the Principal -in -Charge, Phyllis Stanin, monthly costs would average about $1,650/month for a maximum annual budget of $19,800. If no activities are identified for this task in any given month, there will be no charges. PROPOSED BUDGET The estimated cost for each of the five tasks and the total costs are presented on Table 1 below above. As shown the proposed budget for calendar year 2023 totals about $92,172. Table 1: Estimated Budget for Calendar Year 2023 Task Support Subbasin-wide Annual Report Cost $10,860 2. Analyze WY 2022 Data Sets $29,504 3. Coordinate KRGSA AEM Data with Basin Study $22,363 4. Provide Monitoring Program Support $9,638 S. Provide As Needed Technical Consultation $19,807 TOTAL ESTIMATED COSTS $92,172 The budget will be expended on a time and materials basis, not to exceed the total amount without additional authorization. SCHEDULE The tasks in this proposal have been developed based on activities anticipated for Calendar Year 2023. However, given that the 4th Annual Report will compile data from WY 2022 - which ends this week — data requests to support the Annual Report could be initiated in October 2022. This would provide agencies with a little more time to compile the necessary data. This would also allow Todd Groundwater extra time to develop templates that could be tested with the online DMS. If notice -to -proceed could be expedited, Todd Groundwater would be available to start on the Annual Report in October. Please let us know if you have any questions regarding the work described herein or if you need modifications to the scope, budget, and/or schedule. KRGSA PROPOSAL GSP Technical Support 2023 6 TODD GROUNDWATER Docu ftrr Certificate Of Completion Envelope Id: 976DA9CO484E48DAAB147286EEF9BEA1 Status: Completed Subject: Complete with DocuSign: Final TODD Groundwater. KRGSA.22-001 (1).pdf, EXHIBIT B Todd Proposal -KR... Source Envelope: Document Pages: 9 Certificate Pages: 4 AutoNav: Enabled Signatures: 1 Initials: 0 Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Envelope Originator: City Clerk's Office city_clerk@bakersfieldcity.us IP Address: 174.46.226.5 Record Tracking Status: Original Holder: City Clerk's Office Location: DocuSign 10/12/2022 10:16:30 AM city_clerk@bakersfieldcity.us Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bakersfield Location: DocuSign Signer Events Signature , Timestamp Phyllis StaninSent: DO -Signed by �{�v' EP(4nC,w,,.s24E0E'471 10/12/2022 10:27:46 AM PStanin@toddgroundwater.com Viewed: 10/12/202211:12:47AM Vice President ... Signed: 10/12/2022 11:14:18 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 67.170.228.208 Electronic Record and Signature Disclosure: Accepted: 10/12/2022 11:12:47 AM ID: 4cOe841 d-daab-43d0-b5d5-3eafaeba85f6 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery'Events Status Timestamp Carton Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked 10/12/2022 10:27:47 AM 10/12/2022 11:12:47 AM 10/12/2022 11:14:18 AM 10/12/2022 11:14:18 AM Payment Events.- ' Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Phyllis Stanin ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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